Terms and Conditions

Introduction

This User Agreement describes the terms and conditions which you accept by using our Website or our Services.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In all Terms, the words “including” and “include” mean “including, but not limited to.”
 

These Terms and Conditions of Use (“Terms”) constitutes a legal agreement between persons who desire to contract for Courier Services (the “Remitters” or “Senders”) and iKourier (collectively, “iKourier” or “us”), and providers of Courier Services to Users (the “Travelers”) and iKourier.  These Terms govern your use of our services platform that facilitates communications between Senders and Travelers offered through our website located at https://www.ikourier.com, as it may be modified, relocated and/or redirected from time to time, and the mobile applications offered by us. Our services, platform, website and mobile applications are collectively referred to as the “iKourier Site.”  References to “you” or “your” means the applicable Remitter, Sender, or Traveler.

 

The Website is an online venue where Users buy, sell and/or advertise services and/or items. Remitters and Travelers must register for an Account in order to buy or sell Services and/or items. The Website can enable Users to work together online to complete and pay for and use the services that we provide. We are not a party to any contractual agreements between Remitters and Travelers in the online venue, we merely facilitate connections between the parties.

Your access and use of the iKourier constitutes your agreement that we may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current. We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

Your access and use of the iKourier constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and iKourier. If you do not agree to these Terms, you may not access or use the iKourier Site. These Terms expressly supersede prior agreements or arrangements with you. iKourier may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the iKourier Site or any portion thereof, at any time for any reason.

iKourier may amend the Terms related to the iKourier Site from time to time. Amendments will be effective upon iKourier’s posting of such updated Terms at this location or the amended policies or supplemental terms of the applicable service(s). Your continued access or use of the iKourier Site after such posting constitutes your consent to be bound by the Terms, as amended

Your continued access or use of the iKourier Site constitutes your agreement that the iKourier Site is provided “as is” and without warranty.

Your continued access or use of the iKourier Site constitutes your agreement that the iKourier Site is solely a communications platform providing a method for Courier Services to be booked, that all Courier Services are performed by third parties, and that iKourier has no liability for any Courier Services or any acts or omissions of third parties.

Your continued access or use of the iKourier Site constitutes your agreement to release iKourier from liability based on claims relating to iKourier Site and otherwise.

Your continued access or use of the iKourier Site constitutes your agreement to indemnify iKourier from claims due to your use, misuse or inability to use the iKourier Site or the Courier Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the iKourier Site.

Your continued access or use of the iKourier Site constitutes your consent that either party has the right to compel binding arbitration.

Your continued access or use of the iKourier Site constitutes your agreement that no claims can be adjudicated on a class basis.

Your continued access or use of the iKourier Site constitutes your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

 

This Site is offered and available to users who are older enough to work legally in the places where the services will take place. If you are under the legal age you may not use this Site or the services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Definitions

"Account" means the account associated with your email address.

"Bidder" means a Traveler who has entered a Package.

 

A “Fee” or “Charge” an amount that Users have to pay whether it be between users or between users and iKourier Site.

 

“Disputes” are disagreements experienced during an order between a Remitter and a Traveler on iKourier.
 

"Dispute Resolution Process" means the process to be followed by Senders and Travelers in accordance with the Dispute Resolution Services.

“Trip” is a service posted on the site or a specific journey for one Traveler who can be hired directly through the website without the need of a Package.

"iKourier", "we", "our", "company" or "the company" or "us" means iKourier Site.

"iKourier Services" means all services provided by us to you.

 

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Remitter" means a User that purchases services and/or items from Travelers. 

 

“Traveler” means a User that provide services and/or items to Remitters.

 

A User may be both a Remitter and a Traveler under this agreement.

"Milestone Payment" means a payment made by the Remitter for the provision of Traveler Services under a User Contract and which will be released in accordance with the section "Milestone Payments" of these terms and conditions.
 

Payment Services Provider(s) are service providers that provide payment services to Remitters and Travelers in connection with the iKourier platform, including with respect to collection of funds from Remitters in connection with the purchase of Services, remittance and withdrawal of funds to Travelers in connection with completed Packages, Services or Trips, and the holding of funds in connection with Sales Balances and Shopping Balances.

A "Package" is an item, activity, or collection of items and/or activities that a particular user can post in their profile. It describes its content and it must include space-time coordinates for pickup and delivery. Packages can receive offers from Travelers who could carry their packages to desired destination, for an agreed fare and time. A user can post multiple Packages and a Package can have multiple bidders with different budgets and times.

"Traveler" means a User that offers and provides services or identifies as a Traveler through the Website. A User may be both a Remitter and a Traveler under this agreement.

"Traveler Services" means all services provided by a Traveler.

“Revenue” is the money Travelers earn from completed services.

 

"User", "you" or "your" means an individual who visits or uses the Website, including via the API.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct and Privacy Policy as amended from time to time; (3) any other contractual provisions accepted by both the Remitter and the Traveler uploaded to the Website, to the extent not inconsistent with the current user contracts and policies; (4) the Package terms as awarded and accepted on the Website, to the extent not inconsistent with the current user contracts and policies; and (5) any other material incorporated by reference from time to time.

"Verified Traveler" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

"Website" means the Websites operated by iKourier and available at: ikourier.com and any of its regional or other domains or properties, and any related Courier service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

 

Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

 

Uses and Services

Sometimes in our lives we need to send something very important to someone in another town or city and we wonder if one of our friends is travelling there so he can help us with the delivery. Sometimes it's us who are travelling to another town or city and we can make some extra money by carrying a package for someone who needs it.

 

This app was inspired in the need of connecting these two people. Our main goal is to provide trustworthy platform where travelers can help users deliver their packages safely and on time.

 

Registered users can Send or Carry. A User may be both a Remitter and a Traveler under this agreement.

Send

Users can Send by posting Packages or by browsing Travelers.

Start a Package:  A "Package" is an activity or task that a particular user can post so they can get Travelers who offer bids to carry the package for an agreed fare and time. A user can post multiple Packages and a Package can have multiple bidders with different budgets.

 

Remitters can Browse Travelers and choose to hire any Traveler they prefer according to their needs and if they both agree on fees and all other terms and conditions.

Carry

A registered user can Carry by bidding on Packages or by posting Trips and get hired by a Remitter.

 

Travelers can’t bid on a Package or Contest unless their profile meets the requirements needed. Travelers can post trips in their profile, as many trips as their membership level permits.

 

Travelers can browse Packages and bid on those whose requirements are fulfilled.

Travelers can post their Trips in their profile to advertise themselves as Couriers. Users should be able to post multiple Trips, according to their membership level. 

Memberships

Travelers can pay a monthly or yearly membership that will allow them to post trips, according to their membership level.

Payments

Users understand that use of the iKourier Site may result in charges to you for the services or goods you receive from a Traveler (“Charges”) or services from iKourier Website.

 

Payments between Remitters and Travelers can be divided Milestones or periodic fees as per previous agreement between parties.

 
Remitters and Travelers can choose any payment method they prefer for their transactions. The two methods available for payments for both Remitters and Travelers are “Intermediary” and “Direct Transaction”.

 

When Users choose “Intermediary”, iKourier will facilitate the platform to secure exchange the payments between Remitters and Travelers in exchange for a fee and/or a commission. This fees and/or commissions can change according to membership plan of the User. Payments of the Charges in such manner shall be considered the same as payment made directly by Remitter to the Traveler. Charges will be inclusive of applicable taxes where required by law. Charges paid by Remitters are final and non-refundable, unless otherwise determined by iKourier in its sole discretion.

 

When Users choose “Direct Transaction”, iKourier will not facilitate the platform to secure exchange the payments between Remitters and Travelers. No fees or commissions will be charged to the parties. Users are completely responsible for services and transactions involved.

 

The services offered in this site could be paid through PayPal, Credit Card, Cash, or any method agreed between Remitters and Travelers, or through PayPal or Credit Card between Users and iKourier Site.
 

Remitters and Travelers each retains the right to request a modification to the Charges for services or goods received by Remitter from such Traveler, and such modified Charges for a particular service or good will become the new Charges if much modification is agreed to by the Remitter and Traveler. iKourier is not responsible for these modifications.

If applicable, charges are due immediately and payment will be facilitated by iKourier using the preferred payment method designated in Traveler’s Account, after which iKourier will send Remitter a receipt by email. If Remitter’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Remitters agrees that iKourier may, as the iKourier’s limited payment collection agent, use a secondary payment method in Remitter’s Account, if available.

 

If Travelers agree to iKourier serving as its collection agent, iKourier will generally require payment from a Remitter prior to the performance of the applicable Traveler Services and will remit payment to Traveler after Remitter has confirmed that the Traveler Services have been performed; provided that, notwithstanding anything to the contrary in these Terms, iKourier shall in no event be responsible for any nonpayment or late payments by Remitters.

 

If Travelers agree to collect their payments in Cash directly with the Remitter who hires them, iKourier will not require payment from a Remitter prior to the performance of the applicable Traveler Services. Remitters will be responsible to remit payment to the Traveler after Remitter has confirmed that the Traveler Services have been performed and Traveler will be responsible to collecting payment from their Remitter who hires them.

 

iKourier shall in no event be responsible for any nonpayment or late payments by Remitters.

 

iKourier reserves the right to choose whether or not to be involved in a dispute between a Remitter and Traveler, as between you and iKourier, iKourier reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the iKourier Site at any time in iKourier’s sole discretion and to determine the disposition of any payment received by iKourier from a Remitter in the event of a dispute between Remitter and Traveler, including to remit such payment to Traveler, to return a payment to Remitter or to hold such payment in escrow pending a judicial or other settlement of the dispute. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.

 

iKourier will use reasonable efforts to inform you of Charges that may apply. iKourier may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the iKourier Site, and you agree that such promotional offers and discounts, unless also made available or applicable to you, shall have no bearing on your use of the iKourier Site or the Charges applied to you. Remitters may elect to cancel requests for services or goods from a Traveler at any time, in which case Remitters may be charged a cancellation fee.

 

Referrals

For a limited promotional period, iKourier will provide site credits or reduced fees limited to certain users as a reward for referrals of new users. The promotion is based on existing users of the website ("Referrers") referring new users ("Referees") with the intention to post their first job, post their first Package or hire their first Traveler. In some cases, the credit may be given in the form of coupon links or codes, where the Referrer in that case is the website itself.

The Referrer must be an existing user of the Website.

 

All members of the program, referrer and referees are subject to all other terms and conditions of the website.
 

Referees must be referred using the specific promotional links on the site or via links in email or other promotional correspondence specific to this promotion.


Users may be asked to provide verification of payment or other user information before receiving the credit.


Any site credit that has been given in relation to this promotion may expire at any time determined by the iKourier.
 

Referrers will receive credit when the relevant matching Referee user fully releases a minimum worth of milestone payments with respect to a new Package.
 

This site credit may only be used for the purpose of payment of monthly memberships.
 

iKourier reserves the right to review classifications of Referees as new Users for the purpose of this promotion, to ensure fair use of this promotion. To be eligible for this promotion, Referees must not have had any active account on iKourier from which a payment was made within the six (6) months immediately prior to creating the new account.
 

iKourier may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
 

This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if iKourier believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and Referrer, or for any other reason.
 

For any specific Referrer user, iKourier may choose to cap the maximum value of site credit accrued by an individual or collection of users.
 

iKourier reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud.
 

iKourier reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide services being done.
 

iKourier reserves the right to cancel or amend this promotion at any time.


iKourier reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.


iKourier reserves the right to cap the total site credit available under the program.


Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash.


iKourier reserves the right to reverse credit earned if it determines that the referrers or referees are not acting as users of the site in good faith.


Referrals should have unique payment sources in order to qualify the parent for the referral credit.


Bonus credit is only reserved for referring users who act at all times in good faith and who signed up to the site with actual intent of using the website for its intended purposes.


iKourier reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program.


The decisions of management are final. No correspondence will be entered into.


Management, employees of iKourier and its related companies are not eligible to participate in this program.


Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
 

iKourier reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.
 

iKourier is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of proposals.

 

Conduct and Protection

You will not use the Website if you:

- are not able to form legally binding contracts;
- are under the legal age to work in your jurisdiction;
- a person barred from receiving and rendering services under the laws of their jurisdiction;
- are suspended from using the Website; or
- do not hold a valid email address.
 

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. However Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent by all parties.

 

Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

While using the Website, you will not attempt to or otherwise do any of the following:
- post content or items in inappropriate categories or areas on our Websites and services;
- infringe any laws, third party rights or our policies, such as the Code of Conduct;
- fail to deliver payment for services delivered to you;
- fail to deliver Traveler Services purchased from you;

- send or try to send objects, items or services that are illegal in the areas where the packages will be picked up, transported or delivered;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Traveler;
- post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- transfer your Courier account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Courier, the Website, or the interests or property of Courier users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, modify or distribute rights or content from the Website or Courier's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
- use iKourier to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

 

Identity

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or iKourier Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.

If you are not Verified Traveler you may not be able to withdraw funds from your iKourier account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

 

Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Courier feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Website. You may not use your Traveler or Remitter feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by iKourier or its related entities, without our written permission.

 

Intellectual Property

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

 

All content is based on User Generated Content (UGC). iKourier does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. iKourier looks into reported violations and removes or disables content shown to be violating third party rights.

 

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

- will not violate any law or regulation;

- will not be defamatory or trade libellous;

- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
- will not contain material linked to terrorist activities;
- will not include incomplete, false or inaccurate information about User or any other individual; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.


You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Ecuador. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and iKourier Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to courier advice. If you have specific questions about any matter you should consult your courier adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:
- Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
- Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
- Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
- A short description of how our user(s) allegedly infringe(s) your copyright(s)
- Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
- Your complete name, address, email address, and telephone number.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
- Your electronic or physical signature
 

You can send your Notice to our designated DMCA Agent at:

iKourier.
Attention: DMCA Agent
info@webdraco.com

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable laws.

If you fail to comply with all of the requirements of the DMCA Notice, your DMCA Notice may not be effective.
 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

 

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

 

Disputes

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Package or Trip, that you will first attempt to resolve any differences that you have in relation to such Package or Trip, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Package or Trip we encourage you to contact us as set out in the Clause entitled "Contacting us".

You agree that any dispute that is not related to a Milestone Payment arising between you and another User will be handled in accordance with this clause. iKourier will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, iKourier shall have the right to request the Traveler and the Remitter to provide documentation in support of their claim or position in relation to the dispute. You agree that iKourier has absolute discretion to accept or reject any document provided. You also acknowledge that iKourier is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold iKourier and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify iKourier from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

The iKourier Code of Conduct applies to all the services offered by iKourier, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

If a dispute arises between you and us, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@ikourier.com.

For any claim, iKourier may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If iKourier elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Courier will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against iKourier must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, iKourier may recover its legal fees and costs (including in-house lawyers and paralegals), provided that iKourier has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, iKourier will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Traveler's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

General Terms

These Terms are governed by and construed in accordance with the laws of the Ecuador, without giving effect to any conflict of law principles.

 

Right to refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

  1. if we determine that you have breached, or are acting in breach of, this User Agreement;

  2. if you “under-bid” on any Package in an attempt to renegotiate the actual price privately, to attempt to avoid fees;

  3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;

  4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

  5. you do not respond to account verification requests;

  6. you do not complete account verification when requested within 3 months of the date of request;

  7. you are the subject of applicable sanctions from a particular regime in your jurisdiction, or our banking and payment relationships otherwise preclude us from conducting business with you;

  8. to manage any risk of loss to us, a User, or any other person; or

  9. for other reasons.

 

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

 

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

 

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.

 

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

 

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

 

Translation

This Site may contain translations. iKourier does not provide warranties related to the translations, express or implied, including but not limited to any warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non infringement.

 

The Site has been translated for your convenience using translation software powered by Site Admins. Reasonable efforts have been made to provide an accurate translation, however, no translation is perfect. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of translation capabilities.

 

The official text is the Spanish version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

 

Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

 

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of services again or the payment of the cost of having services supplied again.

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

Legal notices will be served or to the email address you provide to Courier during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to iKourier must be given by registered ordinary post (or if posted to or from a place outside Ecuador, by registered airmail).

This Agreement will be governed in all respects by the laws of Ecuador. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Courier irrevocably submit to the non-exclusive jurisdiction of the courts of Ecuador.

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

In no event will iKourier, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

In accepting liability as the limited authorized payment collection agent of seller, iKourier and its affiliates assume no liability for any acts or omissions of seller.

 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with iKourier, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.